Court No. - 51 Case :- APPLICATION U/S 482 No. - 31825 of 2019 Applicant :- Sharan Deep Kaur Sandhu Opposite Party :- State Of U.P. And 8 Others Counsel for Applicant :- Shri Ram (Rawat),Indra Deo Mishra,Manoj Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and Sri S.M.Abidi, Advocate holding brief of Sri Rajesh Kumar Gupta.
The prayer made in the application is only to the direct trial Court i.e. the Additional Session Judge Court No. 4th/ Special Judge Rampur to conclude/expedite the trial of the Session Trial No. 379/2017 arising out of Case Crime No. 419/2017, under Section 147, 148, 149, 452, 302, 307, 506 IPC relating to P.S. Bilaspur, District Rampur.
Sri S.M.Abidi, counsel for the complainant confirms that earlier also such a direction has already been issued in a case filed by one co-accused Karam Singh in which another bench of this Court has also passed an order and directed the court concerned to conclude the trial as expeditiously as possible strictly under Section 309 Cr.P.C. because the accused applicant is languishing in jail for more than one year and seven months.
The counsel for the applicant submits that in spite of the said order, repeated applications for adjournment are being filed by the other sides and which have been allowed on flimsy ground; that adjournments are being sought on the ground that the trial is not progressing any further. He further submits that there is a likelihood of the witnesses being tampered or they being murdered. He further submits that examination in chief has already been done.
Looking to the facts of the case and the nature of controversy in issue and the relief as sought in application, no purpose would be served in keeping the same pending before this Court.
It is directed to the court concerned to conclude the trial strictly expeditiously in accordance with law under Section 309 Cr.P.C. and it is reiterated that trial shall progress strictly in accordance with law under Section 309 Cr.P.C. on a day to day basis. In case the witnesses are not appearing before the Court concerned, the District Magistrate concerned and S.S.P. concerned are directed to ensure the presence of the witnesses before the Court concerned. It is further contended that court concerned will not grant any adjournment on flimsy ground but for exceptional circumstances for which reasons shall be recorded in writing in the adjournment order, failing which the presiding officer will be answerable to this Court.
With the aforesaid direction the application is disposed of Order Date :- 26.8.2019 Ujjawal